Police and contractor failures in focus at CFMEU worksite brawl inquiry

Commissioner Stuart Wood KC questions response to May 2023 'riot' at Brisbane Cross River Rail site

By LineZotpaper
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Queensland's public inquiry into the CFMEU and the construction sector has heard alleged failures by police and major contractors to prevent a May 2023 worksite brawl at a Brisbane rail project from escalating into violence, with the inquiry commissioner describing the incident as a "riot."

Queensland's public inquiry into the CFMEU and the construction sector has heard alleged failures by police and major contractors to prevent a May 2023 worksite brawl at a Brisbane rail project from escalating into violence.

Commissioner Stuart Wood KC has described the incident at the Dutton Park Cross River Rail station site as a "riot." The brawl emerged as a group of workers attempted to enter the site, which was being obstructed by CFMEU members. About two dozen CFMEU-associated men were involved, some of whom had been subject to a public callout by the inquiry.

Wood has questioned both the police response and the actions of the firms employing the men. "One of the things that's come up over the past couple of days has been the failure of the police to ensure there was lawful access to this site," he said.

But he also pointed to what he called an "upstream problem," asking: "It's all very well to criticise the police for their failure, but what are these tier-one contractors doing, allowing this army of delegates to run around causing havoc?"

Wood said one major contractor, Hutchinson, had five employers involved, and that if the employers had ensured delegates stayed at the sites where they were nominally employed, the group would not have been at the Cross River Rail site for police to be called.

Counsel assisting the inquiry, Eddy Gisonda KC, reminded Wood the brawl happened at the same time as a separate union campaign relating to the Centenary Bridge upgrade in Brisbane's west. The inquiry recently heard that ousted union leadership figure Jade Ingham had sent a message to all delegates requiring them to attend that site.

Gisonda said the outcome of that campaign included at least 30 delegates at the site, with evidence of threats to have 200 to 300 people attend at a moment's notice.

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Analysis

Why This Matters

  • The inquiry is examining how a union blockade of a major Brisbane infrastructure project turned violent, and whether responsibility lies with the CFMEU, the police or the contractors who employed the men involved.
  • The evidence has put the conduct of tier-one contractors under scrutiny, including their use of union delegates and their management of industrial disputes on publicly funded projects.
  • The probe has identified about two dozen men linked to the brawl, and its findings could have consequences for the union, the contractors and the police.

Background

The CFMEU, the Construction, Forestry, Maritime, Mining and Energy Union, is a major force in Australia's building industry. The Queensland inquiry is examining its conduct and the broader construction sector. The May 2023 incident at the Cross River Rail site is among the matters under examination, and the inquiry has already heard evidence about union campaigns involving the mass mobilisation of delegates, including a recent hearing that touched on the Centenary Bridge campaign.

Key Perspectives

Commissioner Stuart Wood KC: Has criticised the police, saying there was a failure to ensure lawful access to the site, but has also pressed contractors, asking what tier-one firms were doing "allowing this army of delegates to run around causing havoc." Counsel assisting the inquiry Eddy Gisonda KC: Has placed the brawl in the context of a separate CFMEU campaign over the Centenary Bridge upgrade, noting the scale of delegate mobilisation and threats of mass attendance. Concerns about accountability: Wood's own questioning has highlighted what he called the "upstream problem," suggesting criticism of police should not let contractors off the hook for employing delegates who were not at their nominal worksites.

What to Watch

  • Further days of evidence as the inquiry continues its examination of the incident.
  • Whether the inquiry makes findings against individual contractors, police or union figures.
  • The inquiry's final report and any recommendations on how industrial disputes on major projects are managed and policed.

Sources

Zotpaper

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